Receivership

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Practice notes
Role, powers, functions and duties of a trustee in bankruptcyThis Practice Note looks at the roles, powers, functions and duties of the trustee in...
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19th May
Practice notes
Roles, powers and duties of an administrative receiverWhat is an administrative receiver?The Insolvency Act 1986 (IA 1986) sets out what an...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 19th May
Practice notes
Interference with goods in an insolvency situationApplication to insolvencyFollowing an appointment, an office-holder will need to establish what...
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19th May
Practice notes
The deemed consent procedure, decision-making procedure, and meetings—the position under the Insolvency (England and Wales) Rules 2016The Insolvency...
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Produced in partnership with Richard Bowles 19th May
Practice notes
Secured creditors under a CVA—including effect on guaranteesNeither the company nor its creditors may approve a company voluntary arrangement (CVA)...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 19th May
Practice notes
Practice Direction on Insolvency ProceedingsCoronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and...
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19th May
Practice notes
Coronavirus (COVID-19)—Changes to the court process in insolvency proceedingsThe UK Government’s policy of social distancing in order to slow the...
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19th May
Practice notes
Bankruptcy petitions—process and procedureBefore the hearing of the creditors’ bankruptcy petition takes place, there are a number of steps that must...
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19th May
Practice notes
Prohibited names under section 216 of the Insolvency Act 1986The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act...
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19th May
Precedents
Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [INSERT...
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19th May
Practice notes
Insolvency set-off—the position under the Insolvency (England and Wales) Rules 2016IntroductionSet-off refers to claims that may be set-off against...
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Produced in partnership with South Square Chambers and BDO 19th May
Practice notes
What is a statutory demand?This Practice Note looks at what a statutory demand is and what it seeks to achieve in both corporate and personal...
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19th May
Practice notes
A guide to independent business reviewsThis Practice Note looks at independent business reviews (IBRs) and aims to:•provide high level guidance around...
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Produced in partnership with Allan Kelly of RSM 19th May
Practice notes
Covenant waivers and resetsOne of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver,...
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19th May
Practice notes
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
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19th May

Most recent Receivership content

Q&As
Can a LPA receiver apply for lease extension?The statutory powers conferred on the receiver are set out in section 109 of the Law of Property Act 1925...
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31st Jul
Practice notes
When to appoint a receiver as opposed to an administratorIn what circumstances would this question arise?For details about the circumstances in which...
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31st Jul
Practice notes
Receivership process in the Isle of ManThis Practice Note covers the procedural aspects following the appointment of a receiver in respect of an Isle...
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Produced in partnership with Dougherty Quinn of Isle of Man Law Firm 31st Jul
Practice notes
Liability for business rates in insolvencyCoronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details,...
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31st Jul
Practice notes
Effect of appointment of administrative receiver over directors, company and assetsThe appointment of an administrative receiver does not create an...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 31st Jul
Practice notes
Role, powers, functions and duties of an LPA or fixed charge receiverPowers—generalThe statutory powers conferred on an LPA/fixed charge receiver are...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 31st Jul
Practice notes
Liability for invalid appointment of LPA or fixed charge receiverWhy an LPA/fixed charge receiver could be invalidly appointedAn LPA/fixed charge...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 31st Jul
Practice notes
Procedure relating to appointment of LPA or fixed charge receiver(s)The Law of Property Act 1925 (LPA 1925) enables a mortgagee of a legal mortgage to...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 31st Jul
Practice notes
Effect of appointment of LPA or fixed charge receiver on propertyImpact of appointmentThe effect of the appointment of an LPA/fixed charge receiver is...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 31st Jul
Practice notes
Relationship between receivers and the company and unsecured creditorsAdministrative receivershipThe position of employees following the appointment...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 31st Jul
Practice notes
Effect of administration order and winding-up order on LPA receivership and other receivershipsEffect of administration order on LPA receivershipWhere...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 31st Jul
Practice notes
Making a receiver appointment when the mortgagor is the subject of an insolvency procedureWhen a company or individual is in financial difficulties, a...
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Produced in partnership with Amanda Eilledge of Gatehouse Chambers 31st Jul
Practice notes
Fixed charge receivers—a view from JerseyThis Practice Note addresses the Jersey law issues concerning the enforcement of secured immovable property...
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Produced in partnership with Stephen Alexander of Mourant Ozannes 31st Jul
Practice notes
Termination of LPA or fixed charge receivershipA note on terminologyThe Law of Property Act 1925 (LPA 1925) enables a mortgagee of a legal mortgage to...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 31st Jul
Practice notes
Procedure relating to the appointment of an administrative receiver—the position under the Insolvency (England and Wales) Rules 2016Steps prior to...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 31st Jul
Practice notes
Lifting the administration moratorium—appointment of fixed charge receiverThis Practice Note considers the interaction between the statutory...
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Produced in partnership with Carolyn Jones 31st Jul
Practice notes
Role, powers, functions and duties of a court-appointed receiverThis Practice Note covers the roles, powers, duties and liabilities of court-appointed...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 31st Jul
Practice notes
Best price reasonably obtainable—what it means for receiversThe receiver’s dutyThe duty owed by a receiver to a mortgagor when selling a property is...
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Produced in partnership with Steve Innes of 4 New Square 31st Jul
Practice notes
Effect of bankruptcy or liquidation on the position of receiver as agent of the mortgagorA receiver generally acts as agent of the mortgagor in...
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Produced in partnership with Amanda Eilledge of Gatehouse Chambers 31st Jul

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